Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Hi.
Can anybody help me in this scenario:
Suppose that I already have certified copies of my Trust's PSA, Obtained directly from the SEC
Headquartes in Washignton DC.

Its several thousands pages

Then I want to locate the REMIC document withing these papers, in order to see if the REMIC is defective in some way.(loans never made into trusts, empty remics, etc)

Question: How do I do it?

whats the name of the header of the document, or the name is in numbers?

and other question in these lines:

Can I submit a FOIA request to the IRS regarding the REMIC status of that specific trust?

(because plaintiff is alleging that they have the note, they did NOT produce it yet) Who knows

also; Is there any post regarding as what to do IF plaintiff PRODUCE THE NOTE?
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ANYBODY???????????
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Cabinetmaniac
You are looking for the prospectus, but why you are bothering is the question.

The reason you haven't received an answer is that you are most likely barking up the wrong tree, and the scammer trolls have seemingly taken the day off.

Why are you so far off on the fringes of defending yourself?

If you provide some information about your status and situation then you will receive better advice. No need to provide anything which would identify you. Just things like the basic details and stage of your case, the state in which you reside, if you have an attorney (I'm guessing no), etc..

You can use the search function to learn about the note and anything else you need to know. You are going to have to read a lot if you hope to help yourself.

There is no such thing as an easy answer.

FnDoomed has a good starting place on Scribd here: http://www.scribd.com/doc/105999250/Foreclosure-Defense-101

It provides many good links to Mr. Roper's posts on this forum, pertinent cases which will aid your defense, websites which may provide valuable information, research tips so you can help yourself, much of the relevant UCC-3, scam alerts and advice such as this:
 
ALWAYS stick to the laws of your state, controlling case law, other case law, the rulesof evidence and the facts on the record. Remember. You’re not out to prove that BANK is really the evil empire. Admit nothing, deny everything, and make them prove it everystep of the way. Keep your eyes on the prize.

What should you do if you’re being foreclosed on?

If you’re in a non
-judicial state follow your non-judicial process to make it judicial… If you’re in a judicial state then answer the complaint against you.

Remember the three things the bank must prove:

1. A promissory note that they can enforce.

2. A mortgage which secures the note.

3. A default on the note.

Remember that your job is to stop them using the law and the rules of evidence.

1. BANK is not a person entitled to enforce the note pursuant to UCC 3-301.

2. BANK seems to hold a mortgage but the assignment was of no effect.

3. The holder of the note has not declared a default.

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Texas
Cabinetmaniac, I dropped him an email and got no response.
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Hello there, thanks for the response.

I am a busy person, and took me time to reply.

I just replyed to the email I've received.

Thank you a lot.

here are some info related to me:

I am in NYS

I just submitted a late answer, lets see how it goes

I tried to get a lawyer, but its beyond my budget

the suit started 6 months ago
and has a backdated assignment, more that 2 1/2 years
I got certifed copies of that assignment: I went to the county and got it.

In the suit they did not attached any copy of the note
MERS is involved, and the original creditor went bankruptcy

my loan has changed hands about tWO times, form serviceR x, to servicer Y

They said that they have the note, but I didnt see it yet
In reality, I did not requested the note (yet)

I just want to know what should I do (and not to do), in case they
have the note. You know: what should I do if plaintiff comes to the hearing, or SJ
WAVING THE NOTE?
(the judge has not set any SJ, or any hearing yet), I am preparing for that.

Other thing I learned is that I must hire a court reporter if we ended up in SJ

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Angelo
@frangelo

Not sure what county in NY your in, but if the Plaintiff filed an RJI you should have been notified about the mandatory settlement conference.  Most likely the attorney working for the servicer will show up with copies of the mortgage and note.  

First and for most, you need to decide what your looking to accomplish from fighting the foreclosure.  Are you looking for a modification?  a settlement, or a "free House" 

In most counties in NY, mainly all foreclosures are through motion practice.  You will probably not ever get in front of a judge for summary judgment.  So you better be well versed in writing very well thought out briefs and know your CPLR like the back of your hand.

Here is a look up tool for finding cases that involve MERS.
http://iapps.courts.state.ny.us/lawReporting/Search
In the bottom field type mers and hit find, also search judge schack too.  Hope this helps and good luck!
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Curious
Just curious as to why he will never see a judge for summary judgment?
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Angelo
Because in NY, most if not all, foreclosure summary judgments are done by motions. The judges don't have the time for hearings.
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Hello.
I know that the core of this mess is to prove that there are issues related to the indorsement and delivery of the note, but I want to have other means, besides the main core advised by WAR.

I managed to obtain a basic securitization audit of my loan, very short and vague.

it was done by an individual that is not available to make a more deep analysis.

and I know that will not have weight in court unless is mor professional, and also be authenticated by an expert witness with experience and also theexpert need to be accepted by the court.

Having said that, all I want to know is: can somebody offer me some guidance in how to look what I need to look: whats the current status of my loan in the trust?

my objective is tell my servicer: why you say that I owe "xx" amount?
                                            are you sure that the trustee authorized you to bring this court action?.....and other questions in these lines

in one word: I WANT A FAIR DEAL, to end up in a fair loan modification
      



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Texas
Highly probable it is only an interest in your loan documents that is within a trust.
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So, according to W.A.R., the way to go is to demostrate thet there are factual problems regarding to
the indorsement and delivery of the note right?,

question: what do you do to prove that?...to convert that into admissible evidence?
I start to go into discovery mode for that purpose?, where do I start to prove that,
or how do I make them to prove that?



Other question:, in another website, they claim that the mortgages (and the notes I think)
they didnt made it into the trust by the order of 99%...is that correct?, or not?

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   From my experience in Florida, it appears that most of the trusts are phony, made up by
the servicers.
   The servicer will claim to have a phony "power of attorney" from the "phony trust" so that the servicer can "verify" the complaint.

   The servicer will also pretend to be MERS so it can assign the obligation into the "phony trust".

Most of the time, the originator went out of business years ago, and did not belong to MERS
at the time of the assignment.

   In these situations, essentially what happened, is that the original lender went out of business without having ever transferred the "obligation" to any third party.

   The servicer is trying to get a "free house" based on a loan it never owned. It is analogous
to the croupier in a gambling casino stealing the winning bet in roulette off the table and claiming the prize for him/her self.

   The word "mort gage" means "death gamble" in the Norman French language. The borower
puts up the deed, the lender puts up the cash. Whoever "dies" first loses. Most of the time
the borrower "dies" before he/she ever pays off the Note, and the lender takes back the
property in foreclosure.

    But once in awhile, the lenders "die" first, leaving the borrower as the lucky winner of the
"death gamble". At this point the servicers will try to steal the "winning bet", even though
they have no "stake" in the game.

    I estimate 50% of homeowners have "won" the "death gamble" (mort gage), and own
their property "free and clear", but they don't realize they won.

    The servicer motto is, "with so many gullible sheeple around, its like picking money off
a tree."

   
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Olive
Quote:
Other question:, in another website, they claim that the mortgages (and the notes I think) they didnt made it into the trust by the order of 99%...is that correct?, or not?


This is one of the myths being spread by debt elimination scammers. Mike H., who posed above is a scam artist and criminal.
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Hey Angelo...can you drop me an Email to frangelo93@hotmail.com please  thanks
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